H-1B Visa Lottery 2026: $100K Fee, Wage Levels and Green Card Plan

Index

• 2. How to Avoid RFEs and Denials: 3 Legal Issues That Put H-1B Cases at Risk
• 3. H-1B After the Lottery: Petition, Fees and H-4 Family Status
• 4. Long-Term Plan: The 6-Year H-1B Limit and Your Green Card Strategy
• 5. Conclusion: Your Next Step for the 2026 H-1B Season
• From H-1B to Green Card: Plan Your Strategy With an Attorney

The 2026 H-1B cycle will be a critical year for skilled professionals who want to work in the United States and for employers who plan to sponsor them. Demand for H-1B visas remains very high while the annual quota is still capped at 85,000. In this environment, the H-1B is no longer a simple visa application. It functions more like a competitive lottery process operating under strict quotas and close legal scrutiny.

USCIS is expected to open electronic registration for the next H-1B cap season (the FY 2027 cap, covering new H-1B positions that typically start around October 1, 2026) around March 2026. To enter the selection process, employers must submit an electronic registration and pay the H-1B electronic registration fee (currently $215 per beneficiary, subject to USCIS updates for the FY 2027 season).

The cost picture is also changing due to a $100,000 payment requirement tied to certain new H-1B petitions. On September 19, 2025, the White House issued a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” with an effective date of September 21, 2025. Under USCIS guidance, petitions that are subject to this requirement and are filed without evidence of payment (or a granted exception) may be denied. In practice, the requirement is primarily framed around certain new H-1B cases rather than routine extensions for existing H-1B workers, and it can materially affect cost planning for employers pursuing consular processing for beneficiaries outside the United States.

At the same time, USCIS has increased both the number of Requests for Evidence (RFEs) and outright denials. Behind many H-1B denial decisions the same issues appear:
 

• Job descriptions that do not clearly meet the specialty occupation standard

• Incorrectly chosen or calculated prevailing wage levels that lead to flawed Labor Condition Applications (LCAs)

• Weak employer documentation about genuine business activity and ability to pay the required wage
   

This article is for readers who see the H-1B as more than “what is it” or “how long does it last.” Our goal is to give employers and candidates a practical and legally sound roadmap for the 2026 season.
 

In the sections that follow, we cover:

• The expected March 2026 lottery window and the key dates you need to track

• How the $215 registration fee and the $100,000 payment requirement apply in different scenarios

• The three most common legal mistakes that trigger RFEs or denials and how to avoid them

• How to structure H-1B costs (official filing fees, premium processing and attorney’s fees) in a compliant way

• The differences between change of status and consular processing and the basic rules for H-4 dependent visas

• How to use the 6-year H-1B limit intelligently as a bridge to permanent residence (green card)
   

In short, we treat the H-1B not as a lottery ticket left to chance but as a legal and strategic project that must be planned carefully from day one.
 

If you need a step-by-step overview of the basic H-1B requirements and process, you can also refer to our separate guide: “What Is the H-1B Visa and How Do You Obtain a U.S. Work Visa?”

1. The 2026 H-1B Lottery and Filing Timeline

The first and harshest filter in the H-1B visa process is the lottery. No matter how strong the petition is, a cap-subject H-1B case cannot move forward unless it is selected in the H-1B visa lottery. That is why it is critical to understand how the system works and what to expect during the 2026 H-1B cap season.

Each fiscal year, USCIS allows up to 85,000 new cap-subject H-1B visas. 65,000 numbers are reserved for all eligible candidates who meet at least the bachelor’s degree requirement under the regular cap. The remaining 20,000 numbers are set aside under the “master’s cap” for candidates who hold a U.S. master’s degree or higher from an accredited institution.

A candidate with a qualifying U.S. master’s degree is first entered into the master’s cap pool. If not selected there, the same H-1B registration is automatically entered into the regular cap. In other words, the same person gets two chances in a single H-1B lottery, which is a meaningful advantage in a high-demand environment.
 

1.1. Expected 2026 Timeline and the $215 Registration Fee

As of December 2025, the FY 2026 H-1B cap process has already finished. The next opportunity will be the FY 2027 cap season, which is expected to open around March 2026 and will cover new H-1B positions starting around October 1, 2026. USCIS has not yet announced exact dates but the recent pattern is clear.

In March, USCIS opens a short electronic registration window that usually lasts a few weeks. During this period, the employer or the attorney creates an H-1B registration for each candidate, enters basic biographical and job information and pays the electronic H-1B registration fee. After the window closes, USCIS runs the lottery and posts selection results to the online accounts, typically within a few days or weeks.

For selected registrations, USCIS then provides at least a 90-day filing window. Within this time frame, the employer must file the full H-1B petition package, including a certified Labor Condition Application (LCA), Form I-129, and all supporting documents. This filing period usually falls between April and June 2026. If the employer misses this window, the cap number is lost even if the registration was selected. Cap-subject H-1B status for that season normally becomes effective on the first day of the new fiscal year, which is October 1, 2026.

Entering the H-1B lottery is not only about qualifications. Every candidate must have a valid H-1B registration and that registration now requires a non-refundable electronic registration fee (as of now $215, confirm the FY 2027 amount in USCIS’s season announcement). Under the previous system the fee was 10 USD. The $215 amount is a serious budget item for employers who plan to register many candidates. The fee is paid separately for each H-1B registration and is not refunded even if the candidate is not selected.
 

1.2. A “Zero-Error” Registration Strategy

The outcome of the H-1B visa lottery is driven by chance. Whether your registration is accepted into the lottery, however, is entirely within your control. The newer beneficiary-centric rules and additional anti-fraud measures leave almost no room for technical or procedural mistakes in the H-1B registration process.

The first sensitive point is the one-registration-per-employer-per-beneficiary rule. If the same employer submits more than one H-1B registration for the same person, or if related companies try to create multiple registrations that function as duplicate entries, USCIS can treat all those registrations as invalid. Any H-1B petitions filed on the basis of those registrations can then be denied. For that reason, employers need to decide early which company will register which candidate and under what position.

The second critical factor is passport or travel document consistency. Under the beneficiary-centric system, each H-1B registration is tied to a single passport or travel document number. That number appears in the registration, in the later H-1B petition, and at the consular interview and inspection at the U.S. port of entry. Registering with a passport that is about to expire, switching to a new passport after registration, or using different document numbers in different registrations creates unnecessary risk. The safest approach is to renew the passport before the H-1B registration period and then use the same document throughout the process.

A third factor is how the employer and attorney handle the online system. The new USCIS H-1B registration platform links the employer account, the attorney account and the online payment process. A small typo in the beneficiary’s name, an incorrect date of birth or a missing passport digit may look minor on paper but it can put that candidate’s entire H-1B lottery chance at risk.

For most employers, the best practice is to collect all information in advance. In January and February 2026, the employer and attorney should confirm company details, candidate identity information, degree information, passport data and payment arrangements in a single shared document. When the H-1B registration period opens, this data can then be uploaded once, under the attorney’s account, in a clean and consistent way. That simple preparation reduces the risk of technical rejection and avoids wasting H-1B registration fees.

1.3. Final Rule: Wage-Weighted H-1B Selection (Effective Feb. 27, 2026)

DHS/USCIS published a final rule that replaces the purely random cap selection model with a wage-weighted selection process for cap-subject H-1B registrations. The rule is effective February 27, 2026 and will be used for the FY 2027 H-1B cap registration season.

Under the final rule, USCIS still selects “unique beneficiaries,” but each beneficiary is entered into the selection pool more than once depending on the OEWS wage level that the proffered wage meets or exceeds for the relevant SOC code and area of intended employment:
 

• Wage Level IV: entered 4 times

• Wage Level III: entered 3 times

• Wage Level II: entered 2 times

• Wage Level I: entered 1 time
   

A critical integrity feature is how the rule handles multiple registrations. If a beneficiary has registrations from more than one registrant at different wage levels, USCIS assigns that beneficiary to the lowest wage level among all registrations submitted on the person’s behalf for purposes of weighting. This is designed to reduce incentives to “game” the system by layering registrations at artificially high wage levels.

The rule also anticipates closer consistency checks between what is stated at registration and what is later filed in the H-1B petition, including evidence supporting the wage level basis as of the registration date.
 

Filing at Wage Level I gives you 1 entry, while Wage Level IV gives you 4 entries in the lottery. Don't leave your future to chance. Let our attorneys analyze your job description to maximize your selection odds.

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1.4. Will the Weighted System Apply to the March 2026 Registration Window?

For the FY 2027 cap season (the cycle associated with employment start dates around October 1, 2026), USCIS has announced that the wage-weighted selection rule will be in effect as of February 27, 2026, ahead of the spring registration period. USCIS has positioned the rule as the selection method for the FY 2027 H-1B cap registration season.

That said, USCIS still announces the exact registration start and end dates separately each year. Employers should align internal prep work (SOC, intended worksite(s), and wage-level support) so the registration can be filed cleanly once USCIS publishes the FY 2027 cap season dates.
 

2. How to Avoid RFEs and Denials: 3 Legal Issues That Put H-1B Cases at Risk

Getting selected in the lottery is only the first half of the H-1B journey. In recent years, USCIS has tightened its review standards, so many cases that clear the lottery stage still end up with a Request for Evidence (RFE) or a denial. In practice, three legal areas are responsible for most of these problems: the specialty occupation standard, the prevailing wage and LCA, and the way the employer is documented in the file.
 

2.1. Specialty Occupation: “Is This Job Really at the H-1B Level?”

One of the core legal requirements for H-1B approval is that the position qualifies as a specialty occupation. In simple terms, the job must normally require at least a bachelor’s degree in a specific field and involve duties that call for real theoretical and practical expertise.

Cases usually go off track in two ways. Sometimes the job description is drafted so broadly that the role reads like a generic position that “could be done anywhere.” Other times, the petition never clearly explains how the required degree connects to the worker’s day-to-day duties, so on paper the job looks like something a general office employee could do while the petition insists on a specialized degree.

USCIS no longer treats “we require a bachelor’s degree” as persuasive by itself. Officers expect to see why a degree at that level is necessary for this position and why the actual tasks require specialized knowledge. The job description needs enough detail so the role does not look like basic office support, and it needs to spell out the link between the core duties and the field of study the employer is asking for.

Official resources such as O*NET, which list occupations and typical education levels, can be used to support that connection. When the job description is vague or generic, the H-1B petition quickly turns into an RFE magnet.

 

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2.2. Prevailing Wage and LCA: When a Salary Error Hits the Heart of the Case

The second sensitive area is the prevailing wage and the related Labor Condition Application (LCA). The prevailing wage is the minimum market wage the U.S. Department of Labor sets for a specific occupation in a specific location. The LCA is the form where the employer certifies that wage level and the working conditions, and it is one of the main building blocks of any H-1B case.

By rule, the employer must pay at least the higher of two figures: the actual wage it pays to workers in similar roles inside the company, or the prevailing wage for that job and location. To calculate the prevailing wage, the Department of Labor uses wage data tied to two key inputs. The SOC code (Standard Occupational Classification) is the official code that describes the occupation. The wage level / OEWS wage level is the skill and wage level from 1 to 4 assigned to that occupation in that area.

If the wrong SOC code is chosen, if the worksite is incomplete or incorrect, or if the wage level is set too low for the actual responsibilities of the role, the wage analysis for the case stops making sense and the petition becomes vulnerable to RFEs or denial. These mistakes are common with remote or hybrid roles and when the LCA is prepared without reference to the company’s broader compensation strategy.

The result is often an LCA denial, an H-1B RFE, or a direct denial of the petition. From USCIS’s point of view, a wage error is not just a technical form problem. It can look like a violation of the worker-protection logic that underlies the H-1B program.

A strong LCA strategy addresses these issues up front. The employer identifies the correct SOC code and work location at the beginning, selects an OEWS wage level that truly matches the seniority and responsibility of the position, and can explain in writing how the internal salary range lines up with the prevailing wage for that occupation and location.

When those decisions are made carefully, the LCA stops being a weak point that puts the entire case at risk.
 

2.3. Employer Documentation: “Can This Company Really Pay This Salary?”

The third risk area is employer documentation. In recent years, USCIS has looked not just at whether the worker has the right degree but also at whether the employer is a real operating business with the ability to pay the required wage.

Officers look especially closely at newly formed companies with limited revenue and staff, early-stage start-ups, and fast-growing businesses that do not yet show stable profitability. In these situations, they often ask whether the company can realistically fund the H-1B position and whether the job is a genuine ongoing role rather than something that exists only on paper.

The petition is much stronger if it includes a short, clear description of what the company does and how it generates revenue, financial statements or bank records where appropriate, and internal memoranda that explain how the employee’s role fits into revenue generation and current projects.

For start-ups, it often helps to include materials that describe the product or service, the customer base, and the growth plan. The goal is to show that the H-1B position is a real, funded, continuing role that meets an actual business need.
 

2.4. Why the Structure of the Case Matters

Taken together, the specialty occupation standard, the prevailing wage and LCA, and the employer’s documentation are the core elements of an H-1B petition. A large share of RFEs and denials after the lottery can be traced back to weaknesses in at least one of these areas.

When the role is framed as an H-1B-level position from the start, when wages and the LCA are set up to withstand scrutiny rather than just to enter the lottery, and when the employer’s documentation already answers the question “Is this a real job with a real company that can pay this salary?” the file looks very different to an adjudicator. The lottery will always involve an element of chance, but whether your case ends up in RFE or denial is mostly a question of strategy and preparation, not luck.
 

Is Your H-1B Case Really Ready?

A small mistake in the job description, prevailing wage level or LCA can put your entire H-1B cap season at risk.

If you would like an attorney to review your case strategy before the 2026 lottery, you can email our team at info@gozellaw.com

3. H-1B After the Lottery: Petition, Fees and H-4 Family Status

Once a registration is selected in the H-1B lottery, the process stops being about chance and becomes a question of compliance, documentation and timing. At that stage you need clear answers to three practical questions: how the H-1B petition will be prepared, who is responsible for which government fees, and whether the worker will change status inside the United States or apply for an H-1B visa at a U.S. consulate. For many families, there is a fourth question as well: how the spouse’s and children’s status will be protected through H-4 and, where possible, H-4 EAD.
 

3.1. The Petition File and Premium Processing

Once a registration is selected, the employer must prepare the full H-1B petition. The core of that file is an approved Labor Condition Application (LCA), Form I-129 and supporting company and employee documentation. The LCA is filed with the Department of Labor based on the previously chosen SOC code and prevailing wage level and in most cases is certified within a few days to a week.

In Form I-129, the employer describes the job duties, wage level, company activities and the nature of the employer–employee relationship. The employee’s degree, transcripts, résumé and, where needed, experience letters are attached to show that the beneficiary is qualified for the specialty occupation.

Many employers choose to file with H-1B premium processing to reduce uncertainty and lock in a clear start date. Premium processing requires filing Form I-907 and paying an additional USCIS fee. USCIS commits to taking adjudicative action within 15 business days for most premium-processing classifications. At the end of that window, the employer receives an approval, a denial or a Request for Evidence.

Premium processing is not mandatory, but it is often useful if the start date is approaching, international travel is planned or the business cannot tolerate an open-ended wait. The premium fee can legally be paid by either the employer or the employee. In practice, when the employer pays, it is treated as part of the overall hiring package. If the employee pays, it is important that the payment is not treated as a hidden wage reduction. The worker’s actual wage still needs to remain at or above the prevailing wage for that job and location.
 

3.2. H-1B Fee Structure: Who Has to Pay What

The H-1B is fundamentally an employer-sponsored status. Some government filing fees must be paid by the employer and cannot be shifted to the employee. After the 2024 USCIS fee rule and the 2025 changes, the picture looks roughly like this:

• The basic H-1B filing fee on Form I-129 is higher for most medium and large employers, around $780, and lower for small employers with fewer than 25 workers and certain qualifying nonprofit organizations, around $460.

• The ACWIA training fee, which funds education and workforce development programs, is usually 750 or 1,500 dollars depending on employer size and cannot be passed on to the employee.

• The fraud prevention and detection fee, often around $500, is generally required for initial H-1B filings and certain change of employer petitions but not for most extensions with the same employer.

• An additional asylum program fee applies to many H-1B and other employer-sponsored petitions. For most employers this is around $600. For small employers it is around $300. Some nonprofit organizations are exempt from this fee.

• Certain H-1B dependent employers that have 50 or more workers in the United States and a workforce where more than half are in H-1B or L-1 status must also pay an additional fee of roughly $4,000 under Public Law 114-113. Under current rules this structure is expected to continue at least through the end of 2027.

On top of these, a Presidential Proclamation issued in September 2025 introduced a $100,000 payment requirement. For cap-subject H-1B petitions filed on or after September 21, 2025 on behalf of beneficiaries outside the United States, many employers now must pay this additional amount.

According to White House statements and USCIS guidance, this supplemental fee does not apply to most H-1B extensions for existing workers, many change of status cases filed inside the United States, such as F-1 to H-1B, or many change of employer filings. In practice, this new fee mainly targets employers that plan to bring in new H-1B workers from abroad and makes low wage or entry-level H-1B hiring significantly more expensive in those scenarios.

Other costs can be allocated by agreement between the employer and employee. Attorney’s fees are not government filing fees, so they can be structured in different ways in the engagement letter, as long as they do not push the worker’s effective wage below the required prevailing wage. The same principle applies to the premium processing fee. Either party can pay it, but it cannot be used to replace mandatory employer-paid fees or to drive down the real wage level in a way that violates Department of Labor rules.

 

Because fee amounts can change over time, every case should be checked against the most current USCIS fee schedule. For a detailed, line-by-line overview of current H-1B government filing costs, see the “H-1B Visa Fees (Effective FY2026)” section.

3.3. Change of Status or Consular Processing

For a selected registration, the next strategic fork in the road is whether to file the case as a change of status from within the United States or to proceed through consular processing. That choice affects timing and whether the $100,000 payment requirement applies.

If the beneficiary is already in the United States in a valid nonimmigrant status such as F-1, OPT, J-1 or another category, the petition can often be filed as a change of status. When the case is approved, H-1B status usually takes effect on the first day of the new fiscal year, often October 1, and the worker moves into H-1B without leaving the country. In this scenario, USCIS has made clear that .the $100,000 payment requirement does not apply because the petition is a domestic change of status. The worker can wait to apply for an H-1B visa at a U.S. consulate until international travel is actually needed.

If the beneficiary is outside the United States or the employer prefers a consular route, the case proceeds as consular processing. After the I-129 is approved, the worker uses the I-797 approval notice, the DS-160 confirmation, a current and signed employment letter, degree transcripts, a CV, and other supporting documents to apply for an H-1B visa at a U.S. consulate.

Important: In many consular cases for beneficiaries abroad, the $100,000 payment requirement may apply.

As of December 2025, public information also indicates that the social media accounts of H-1B and H-4 applicants will be reviewed more systematically as part of security screening. This is another reason to treat consular processing as a full risk analysis that includes cost, timing, security checks and the applicant’s online footprint, not just a visa appointment.
 

3.4. Spouses and Children: H-4 Status and H-4 EAD

Family members of H-1B workers usually come under H-4 status. The H-1B worker’s spouse and unmarried children under 21 can apply for H-4 and, once approved, can live and study in the United States as long as the principal H-1B remains valid.

By default, H-4 status does not allow the spouse to work. However, in specific situations, the H-4 spouse can apply for work authorization through an H-4 Employment Authorization Document (H-4 EAD).

Under current USCIS rules, the H-4 spouse may be eligible for an EAD in either of two situations related to the H-1B worker:

• The employer has started an employment-based green card process and USCIS has approved an I-140 immigrant petition for the H-1B worker.

• The H-1B worker has received H-1B extensions beyond the standard 6-year limit under AC21 because the green card process is already underway.

If one of these conditions is met, the H-4 spouse can file Form I-765 and, once the H-4 EAD card is approved, can work for most employers in the United States. For many H-1B families waiting in long green card backlogs, that additional income and flexibility can make a significant difference to their long-term financial and settlement plans.

Note: AC21, the American Competitiveness in the Twenty-First Century Act, is the law that allows certain H-1B holders to extend their status in one-year or three-year increments beyond 6 years when a qualifying PERM labor certification or I-140 has been filed and is pending or approved.
 

4. Long-Term Plan: The 6-Year H-1B Limit and Your Green Card Strategy

For many professionals, H-1B status is the first real step toward building a permanent life in the United States. The catch is that H-1B runs on a very tight clock. If that time is not managed carefully, both the employer and the worker can face serious consequences such as loss of status, loss of the job and disruption to family life.

This section explains how to view the 6-year H-1B limit not as a hard wall but as a bridge to permanent residence when the process is planned correctly.
 

4.1. The 6-Year H-1B Limit and Timeline

In most cases, H-1B status is granted for an initial period of up to 3 years. If the employer files a timely extension, another period of up to 3 years is usually available, for a total of 6 years.

In some situations, time that the worker spends outside the United States during H-1B status does not count against this 6-year limit. This is often called “recapture.” If, for example, the worker spends several months abroad while in H-1B status, that time can sometimes be added back by documenting the trips with passport stamps and travel records.

Even with recapture, the only durable way to move beyond the standard 6 years is to start an employment-based green card process on time and to rely on the protections available under AC21.

From a planning perspective, it helps to treat H-1B as 3 phases: the first 3 years, the second 3 years, and any AC21 extension period after year 6.
 

4.2. PERM, I-140 and AC21: Extension Options Beyond the 6-Year Limit

The core of any long-term H-1B plan is the employment-based green card process. For most H-1B workers, that path has three main steps:

1. First, a PERM labor certification is filed with the Department of Labor. This is a labor market test that confirms there is no able, willing and qualified U.S. worker available for the role on the same terms.

2. Next, an I-140 immigrant petition is filed with USCIS to classify the job as a permanent position and to show that the worker qualifies for it.

3. Finally, when a visa number is available, the worker files either an I-485 adjustment of status (green card application) in the United States or applies for an immigrant visa at a U.S. consulate abroad.

These 3 steps create the foundation that AC21 uses to allow H-1B time beyond the basic 6-year limit.

PERM is not just a single form. It is a process that is meant to show three things. The employer carried out a reasonable recruitment process in the U.S. labor market. No U.S. worker who meets the stated requirements was willing and available to take the job on the same terms. The foreign worker meets the minimum qualifications for the role.

To get there, the employer first requests a prevailing wage determination for the position and location. Then recruitment is carried out and documented. Finally, the ETA-9089 form is filed electronically. In practice, PERM is the framework that ties together the job title, duties, minimum requirements, wage level and recruitment strategy.

Once PERM is approved, the employer files Form I-140 with USCIS. At this stage, the employer has to show two things. First, that the company can actually pay the offered wage, often called “ability to pay.” Second, that the worker still meets the qualifications that were listed in the PERM filing. When the I-140 is approved, the case receives a priority date. That date is then tracked in the Department of State’s Visa Bulletin and functions like a place in line for when the worker will be allowed to file the final green card application.

AC21 (the American Competitiveness in the Twenty-first Century Act) builds on this structure and, when the green card process is started on time, provides two main ways to extend H-1B status beyond 6 years.

The first mechanism is often called the “365-day rule.” If the employer has filed a PERM application or an I-140 immigrant petition for the H-1B worker and at least one of those filings has been pending for 365 days or more, USCIS can grant H-1B extensions in one-year increments beyond the 6-year limit. Those one-year extensions can continue until the PERM or I-140 is decided and, after that, until the worker is able to file and complete the green card application.

The second mechanism applies to workers who already have an approved I-140 but cannot file the final green card application yet because the priority date is not current in the Visa Bulletin for their country and preference category. In that situation, USCIS can grant H-1B extensions in three-year increments beyond 6 years.

This is especially important for EB-2 and EB-3 workers from countries that face long visa backlogs. Under certain conditions, an approved I-140 can also support 3 year extensions with a new employer if the worker changes jobs.

In the end, timing is what really matters. If the PERM and I-140 process is started early in the H-1B lifecycle, by the time the worker approaches the 6-year limit, the case will usually either qualify for one-year extensions under the 365-day rule or for three-year extensions based on an approved I-140 and a waiting priority date.

When the case is structured this way, H-1B is no longer a status that simply ends at year 6. It becomes a bridge that can carry the worker through to green card approval while maintaining lawful status in the United States.
 

4.3. Which Employment-Based Green Card Category Fits Your Case?

For many H-1B workers, the natural long-term route is an employment-based green card in the EB-2 or EB-3 category. EB-2 is generally used for positions that require an advanced degree (master’s or higher) or for applicants who can show “exceptional ability” in their field. EB-3 is aimed at professionals and skilled workers who meet defined education and experience requirements but may not qualify for EB-2.

• Some profiles are better suited for EB-1. That category includes subgroups such as EB-1A for individuals with extraordinary ability, EB-1B for outstanding researchers and EB-1C for certain multinational managers and executives. If you have a strong record of major achievements, you can review our in-depth EB-1A overview here: EB-1A Visa: An Extraordinary Path to Permanent Residency in the United States
   
• There is also EB-2 NIW (National Interest Waiver), which does not require a specific employer sponsor. NIW can be a strong option for researchers, academics and other professionals who are leading projects with clear public or national interest value in the United States. For a step-by-step explanation of how NIW works and who qualifies, you can read our dedicated guide: EB-2 NIW Green Card: National Interest Waiver Explained (2025)

The right category depends on several factors. In practice, you need to look at the worker’s education history, publications, projects, awards, the level of responsibility in the offered position and the visa bulletin wait times for the worker’s country and category. A careful, case-by-case review is the safest way to choose the category that matches both the profile and the long-term timing strategy.
 

4.4. Using the 6-Year H-1B Period Wisely

In theory, H-1B looks like a simple “3 + 3 years” status. In practice, if PERM and I-140 are started at the right time and AC21 protections are used, that window becomes much more flexible. The real risk is waiting too long to put the green card plan on the table.

If you were born in a country with long employment-based backlogs, if the employer expects to need your role for many years, and if your family may rely on H-4 and H-4 EAD, you cannot afford to wait until the second H-1B term to start thinking about permanent residence.

When you plan early, H-1B stops being just a countdown clock. It becomes a temporary status that is built to support a longer path: keeping you in status, keeping your job stable and giving your family a clearer line of sight to a green card.
 

5. Conclusion: Your Next Step for the 2026 H-1B Season

This guide shows that H-1B is not a simple ‘enter the lottery and wait’ process. To put yourself in the strongest position for the 2026 season, three elements need to come together:

• Enter the March 2026 lottery with a clean, accurate registration.

• Build the case from day one around specialty occupation, prevailing wage / LCA and employer documentation, instead of waiting for an RFE to patch problems later.

• Treat the 6-year H-1B limit as the start of your green card plan by launching PERM and I-140 on time.

You cannot control the lottery result. You can control how strong your case looks when it is selected, which risks you eliminate up front and how prepared you are for what happens after year 6.

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If you want to talk through the 2026 H-1B season, the new fee rules and your long-term green card plan, you can request an initial evaluation online.

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